The legal definition of a disabled person is someone “with a physical or mental impairment that has a substantial adverse impact” on their ability to carry out “normal” day-to-day activities.
The disability must have lasted, or will last, at least 12 months.
People with neurodivergent conditions may meet this definition of disability and be defined as disabled people for the purposes of the Equality Act 2010.
The following actions by an employer are outlawed by the Equality Act:
Direct discrimination
Treating a disabled employee less favourably than other employees.
Indirect discrimination
This may occur when the application of a provision, criterion or practice to everyone has particular disadvantages for people with a disability compared to people who do not have that disability, and where the provision, criterion or practice cannot be justified as meeting a legitimate objective.
Discrimination arising from disability
This occurs when a disabled person is treated less favourably because of something connected with their disability, and where the discrimination cannot be justified.
Failure to make a reasonable adjustment
The linchpin of the law is the requirement on an employer to make a reasonable adjustment where a disabled worker would be at a substantial disadvantage compared to non-disabled colleagues. It covers provisions, criterion, practices and physical features and the provision of auxiliary aids.
Once it has been established that the adjustment is reasonable, failure to comply is a breach of the law and cannot be justified. ‘Reasonable’ is defined as:
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- whether the adjustment is effective in removing the obstacle
- whether the adjustment is practical
- the cost of the adjustment in relation to the resources of the organisation
- the availability of financial support (such as Access to Work).
How Malcolm secured career-saving reasonable adjustments with the help of his Prospect rep